Terms of service

SCOPE OF APPLICATION

1) These General Terms and Conditions apply to all items ordered in our online store, by telephone, fax, e-mail or in writing by post from us, Beans & Soul UG (haftungsbeschränkt), Ruhrallee 29, 44139 Dortmund (Management: Simon Planken).

2) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions therefore also apply to all future business relationships with companies, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer that contradict our General Terms and Conditions is hereby rejected.

3) The contract language is German.

4) You can call up and print out the currently valid General Terms and Conditions on the website.

2. CONCLUSION OF CONTRACT

1) The presentation of goods in the online store does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding invitation to order goods in the online store.

2) By clicking on the "Buy" button, you submit a binding purchase offer (§ 145 BGB).

3) After receipt of the purchase offer, you will receive an automatically generated e-mail confirming that we have received your order (confirmation of receipt). This confirmation of receipt does not constitute acceptance of your purchase offer. A contract is not yet concluded by the confirmation of receipt.

4) A purchase contract for the goods is only concluded when we expressly declare acceptance of the purchase offer or when we send the goods to you - without prior express declaration of acceptance.

3. CANCELLATION POLICY

The consumer who concludes a contract with the seller within the framework of a distance selling contract is generally entitled to a fourteen-day right to revoke the declaration of intent to conclude the contract.

As a consumer (see section 3 of the GTC or § 13 BGB), the customer can revoke his declaration of intent to conclude the contract within 14 days without giving reasons.

Right of withdrawal

Consumers have the right to withdraw from the contract concluded with the seller within 14 days without giving reasons.

The withdrawal period is 14 days from the day on which the consumer or a third party named by the consumer, who is not the carrier, has taken possession of the last goods.

To exercise the right of withdrawal, the consumer (customer) must

Beans & Soul UG (limited liability)

Management Simon Planken

Ruhrallee 29

44139 Dortmund

E-mail: info@beansandsoul.com

by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of his decision to withdraw from this contract. On the store's website, the seller provides a corresponding form for the customer to fill in and download. The use of this form is not mandatory.

In order to comply with the withdrawal period, it is sufficient for the consumer to send the notification of the exercise of the right of withdrawal before the withdrawal period expires.

Consequences of withdrawal

If the consumer effectively withdraws from the contract with the seller, the seller shall reimburse to the consumer all payments received from the consumer, including the costs of delivery (with the exception of the costs resulting from the consumer's choice of a type of delivery other than the least expensive type of standard delivery offered by the seller), without undue delay and in any event not later than 14 days from the day on which the seller is informed about the consumer's decision to withdraw from the contract. For this repayment, the seller will use the same means of payment that the consumer used for the original transaction, unless expressly agreed otherwise; in no case will you be charged any fees for this repayment. The seller may withhold the refund until he has received the goods back or until the consumer has provided proof that he has returned the goods, whichever is the earlier.

The consumer must return or hand over the goods to the seller immediately and in any case no later than 14 days from the day on which the consumer notifies the seller of the withdrawal from the contract. This deadline is met if the consumer sends the goods before the 14-day period has expired. The consumer shall bear the direct costs of returning the goods.

The consumer shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

No right of withdrawal

The right of withdrawal does not apply to contracts for the delivery of goods that have been individually manufactured according to customer specifications, for perishable goods with a short expiration date or for the delivery of sealed goods that are not suitable for return for reasons of hygiene if their seal has been removed after delivery.

Please help to avoid damage and contamination. If possible, use the original packaging for the return. If you no longer have the original packaging, please use suitable packaging to ensure adequate protection against transport damage in order to avoid any resulting claims for damages.

The modalities mentioned in the above paragraph are not a prerequisite for the effective exercise of the right of withdrawal.

End of the withdrawal policy

January 2024

4. PRICES

All prices quoted are in euros, include statutory VAT and other price components and do not include the respective shipping costs. Errors and price changes excepted.

5. SHIPPING COSTS, MINIMUM ORDER VALUE

1) For deliveries within Germany we charge shipping costs of 5.99 euros.

6. TERMS OF PAYMENT

1) Voucher codes and discount numbers cannot be combined with each other, purchased gift vouchers can of course be redeemed at any time.

2) We would like to process all orders quickly and smoothly, therefore we limit ourselves to these payment methods:

- PayPal

- Credit card (Mastercard or VISA)

When paying by PayPal, you pay conveniently with your PayPal access data. If a product is exceptionally out of stock, we will automatically refund the amount via PayPal.

If you pay by credit card, the purchase price will be charged to your credit card immediately at the time of ordering. Your credit card details are not stored by us, but are collected and processed directly by our payment service providers.

7. FIRST ORDERS

For first-time orders, we only deliver to residential addresses and not to DHL packing stations.

8. DELIVERY, RESERVATION OF TITLE, RESERVATION OF DELIVERY, TRANSFER OF RISK

1) The delivery time is usually 2-3 working days. Shipping is carried out by DHL.

2) Unless otherwise agreed, the goods will be delivered from our warehouse to the address specified by you.

3) If you do not receive an order confirmation by e-mail, please contact us by telephone or e-mail, also if no package has arrived after seven days. Please be sure to include your e-mail address and telephone number with your order so that we can contact you quickly if we have any queries.

4) The goods remain our property until the purchase price has been paid in full.

5) If an item is not in stock and cannot be delivered within our usual delivery times, we reserve the right not to deliver or to offer you the delivery of a replacement of the same quality and price. In the event of non-delivery, the purchase price of the item will be refunded immediately.

6) We would like to point out that public holidays are not uniform throughout Germany and are country-specific. The above conditions regarding delivery times therefore apply to public holidays in the respective federal states or countries in which service providers are involved in the processing of an order.

9. PROHIBITION OF RESALE OUTSIDE OUR DISTRIBUTION NETWORK

Our products are sold exclusively through our distribution channels. Therefore, any sale of our products, their purchase or transfer as a gift for resale outside these distribution channels, including via the Internet, is prohibited. This applies regardless of whether the brand or the products themselves suffer any damage. Any such activities may result in civil and, if necessary, criminal prosecution.

10. TRANSPORT DAMAGE

1) If goods are delivered with obvious transportation damage, please report such defects to us immediately.

2) Failure to make a complaint or contact us has no consequences for your statutory warranty rights. However, you will help us to assert our own claims against the carrier or the transport insurance company.

11. WARRANTY

Unless expressly agreed otherwise, your warranty claims are governed by the statutory provisions of sales law (§§ 433 ff. BGB).

12. EXCLUSION OF LIABILITY FOR EXTERNAL LINKS

Our website contains links to other sites on the Internet. The following applies to all these links: Genuss Kartell, Simon Planken expressly declare that they have no influence whatsoever on the design and content of the linked pages. We therefore hereby expressly distance ourselves from all content of all linked third-party sites on our homepage and do not adopt this content as our own. This declaration applies to all links shown and to all contents of the pages to which links lead.

13. COPYRIGHT AND TRADEMARK LAW

1) The author endeavors to use the copyrights of the graphics, sound documents, video sequences and texts used in all publications or to use license-free graphics, sound documents, video sequences and texts. All brands and trademarks mentioned within the Internet offer and possibly protected by third parties are subject without restriction to the provisions of the applicable trademark law and the ownership rights of the respective owners. The mere mention of a trademark does not imply that it is not protected by third-party rights.

2) The copyright for published objects created by the author himself remains solely with the author of these pages. Any duplication or use of objects such as diagrams, sounds or texts in other electronic or printed publications is not permitted without the author's agreement.

14) LIABILITY

1) Unlimited liability: We are liable for intent and gross negligence. We shall be liable for slight negligence in accordance with the Product Liability Act and for damages resulting from injury to life, body or health of persons.

2) Limitation of liability: We shall only be liable for slight negligence in the event of a breach of a material contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligation). This limitation of liability shall also apply in favor of our vicarious agents.

15. FINAL PROVISIONS

1) Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.

2) We reserve the right to adapt or amend our GTC at any time if necessary.

3) Contracts between us and you shall be governed exclusively by German law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention").

4) If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with contracts between us and you shall be the place of jurisdiction.

E-mail: info@beansandsoul.de

By means of a clear statement (e.g. a letter sent by post, fax or e-mail), the seller must inform us of his decision to withdraw from this contract. On the store's website, the seller provides a corresponding form for the customer to fill in and download. The use of this form is not mandatory.

In order to comply with the withdrawal period, it is sufficient for the consumer to send the notification of the exercise of the right of withdrawal before the withdrawal period expires.

Consequences of withdrawal

If the consumer effectively withdraws from the contract with the seller, the seller shall reimburse to the consumer all payments received from the consumer, including the costs of delivery (with the exception of the costs resulting from the consumer's choice of a type of delivery other than the least expensive type of standard delivery offered by the seller), without undue delay and in any event not later than 14 days from the day on which the seller is informed about the consumer's decision to withdraw from the contract. For this repayment, the seller will use the same means of payment that the consumer used for the original transaction, unless expressly agreed otherwise; in no case will you be charged any fees for this repayment. The seller may withhold the refund until he has received the goods back or until the consumer has provided proof that he has returned the goods, whichever is the earlier.

The consumer must return or hand over the goods to the seller immediately and in any case no later than 14 days from the day on which the consumer notifies the seller of the withdrawal from the contract. This deadline is met if the consumer sends the goods before the 14-day period has expired. The consumer shall bear the direct costs of returning the goods.

The consumer shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

No right of withdrawal

The right of withdrawal does not apply to contracts for the delivery of goods that have been individually manufactured according to customer specifications, for perishable goods with a short expiration date or for the delivery of sealed goods that are not suitable for return for reasons of hygiene if their seal has been removed after delivery.

Please help to avoid damage and contamination. If possible, use the original packaging for the return. If you no longer have the original packaging, please use suitable packaging to ensure adequate protection against transport damage in order to avoid any resulting claims for damages.

The modalities mentioned in the above paragraph are not a prerequisite for the effective exercise of the right of withdrawal.

End of the withdrawal policy

January 2024